Breathalyzer Test Results In A DWI Case


New Mexico Implied Consent Act:

Under New Mexico DWI laws, drivers in the state agree (by getting their drivers license) to submit to chemical testing that will reveal the alcohol content in their bloods if they are suspected of drunk driving. If a driver refuses to undergo chemical testing, the police officer has the right to take the driver’s license. The driver receives a notice of revocation stating that the license will be suspended. The driver can request an administrative hearing with the MVD to dispute the license suspension while his case is pending.

Weighing the Consequences of Refusing a Breath Test:

Even though the Implied Consent Act applies to drivers in New Mexico, you do not have to take a breath test. When you don’t submit to the breath or blood test, there is a strong probability the MVD will revoke your driver’s license for 1 year. You can contest this action during an administrative hearing. Refusing to take the test also means that the state prosecutor will not be able to submit the test results as evidence during a DWI trial. If the prosecutor is able to present other types of evidence that sufficiently prove you were intoxicated then you could face aggravated DWI charges.

Defenses to Breath Test Results in Drunk Driving Case:

There are ways to question the validity or reliability of unfavorable breath test results. We speak closely with our clients to discuss what occurred during the arrest. We evaluate the facts of the case and thoroughly review all of the evidence that will be presented by the state. Certain breath test weaknesses we investigate are:

  • If the police officer properly administered the breath test
  • If the equipment was correctly calibrated to give accurate results
  • If the driver has any health conditions or issues that could have affected the accuracy of the test
  • If the equipment was properly maintained and didn’t malfunction

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